The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is considered to have filed an appeal against the order for compensation by the court below on the grounds of the defendant's appeal. However, the defendant did not submit a separate grounds for appeal on this issue, on the first trial of the court of first instance, stating that unfair sentencing is the grounds for appeal, and the order for compensation is not unlawful even upon examining the record, and this part is not separately determined.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. Determination of the Defendant voluntarily surrenders to the Defendant, and the Defendant appears to have committed the instant crime in depth, and the Defendant returned 1/3 of the amount of embezzlement to the victim, and the Defendant did not have the same criminal history, etc., shall be considered as favorable to the Defendant.

However, the crime of this case is deemed to have embezzled 60,00 UN, which was requested by the victim to transport, and the crime of this case is committed in consideration of the circumstances unfavorable to the defendant, such as the following: (a) the embezzled money was used to repay its debts; (b) the personal consumption of gambling, etc.; (c) the nature of the crime was bad; (d) the money returned to the trial up to the trial; and (e) the victim did not recover from damage; and (e) the victim wanted to punish the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background leading up to the Defendant to the instant crime, circumstances after the instant crime, etc., various conditions of sentencing indicated in the records, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to the instant case (one year to six years of imprisonment), etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.